NEGLIGENT DRIVER

Sun (Auckland), Volume III, Issue 830, 26 November 1929, Page 13

NEGLIGENT DRIVER

DAMAGES FOR INJURED MOTOR-CYCLIST

COLLISION AT NIGHT From Our Oion Correspondent HAMILTON, Monday. The case in -which John Ernest Hansen (Mr. W. J. King) claimed £722 damages for injuries received as a result of a collision with a motor-car driven by Nathaniel Stafford (Mr. J. F. Stjang), farmer, Manawaru, was concluded in the Supreme Court today. Plaintiff claimed £6OO general damages and £122 special damages, alleging negligence on the part of defendant. Counsel said plaintiff was riding a motor-cycle at night, and defendant crossed to the wrong side of the road, and the collision occurred. Dr. It. S. A. Graham, surgeon superintendent at the Waikato Hospital, detailed plaintiff’s injuries,, and said plaintiff had suffered a 10 per cent, disability of the right arm. His jaw was also affected. George Percival Lindsay, assistant engineer to the Thames Valley Power Board, said he was driving a motorcar about seven chains behind defendant’s car when the accident occurred. He noticed that Stafford’s car made a distinct swerve to the right. Immediately after the accident he heard Hansen accuse Stafford of driving on thb wrong side of the road. The track of Stafford’s car was several feet over the centre of the' road and on the wrong side. COLLISION NOT EXPECTED Defendant said he had sounded his horn. If he had crossed the crown of the road in passing a bicycle, it was only to a slight degree. He had not anticipated the collision and had not applied the brakes until the impact took place. A passenger in the car, John Ward, farmer, of Manawaru, said the motorcycle was being driven at a reasonable speed on the correct side of the road. His Honour said it was necessary for the plaintiff to jjrove satisfactorily that there had been negligence before a verdict could be given in his favour. The jury found that defendant had been- negligent, and awarded plaintiff special damages £122 and £275 as general damages.